Yesodei haTorah - Chapter Five

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The entire house of Israel are commanded regarding the sanctification of [God's] great name, as [Leviticus 22:32] states: "And I shall be sanctified amidst the children of Israel." Also, they are warned against desecrating [His holy name], as [the above verse] states: "And they shall not desecrate My holy name."

What is implied? Should a gentile arise and force a Jew to violate one of the Torah's commandments at the pain of death, he should violate the commandment rather than be killed, because [Leviticus 18:5] states concerning the mitzvot: "which a man will perform and live by them." [They were given so that] one may live by them and not die because of them. If a person dies rather than transgress, he is held accountable for his life.

When does the above apply? With regard to other mitzvot, with the exception of the worship of other gods, forbidden sexual relations, and murder. However, with regard to these three sins, if one is ordered: "Transgress one of them or be killed," one should sacrifice his life rather than transgress.

When does the above apply? When the gentile desires his own personal benefit - for example, he forces a person to build a house or cook food for him on the Sabbath, he rapes a woman, or the like. However, if his intention is solely to have him violate the mitzvot, [the following rules apply:] If he is alone and there are not ten other Jews present, he should transgress and not sacrifice his life. However, if he forces him [to transgress] with the intention that he violate [a mitzvah] in the presence of ten Jews, he should sacrifice his life and not transgress. [This applies] even if [the gentile] intended merely that he violate only one of the [Torah's] mitzvot.

All the above [distinctions] apply [only in times] other than times of a decree. However, in times of a decree - i.e., when a wicked king like Nebuchadnezzar or his like will arise and issue a decree against the Jews to nullify their faith or one of the mitzvot - one should sacrifice one's life rather than transgress any of the other mitzvot, whether one is compelled [to transgress] amidst ten [Jews] or one is compelled [to transgress merely] amidst gentiles.

If anyone about whom it is said: "Transgress and do not sacrifice your life," sacrifices his life and does not transgress, he is held accountable for his life.

When anyone about whom it is said: "Sacrifice your life and do not transgress," sacrifices his life and does not transgress, he sanctifies [God's] name. If he does so in the presence of ten Jews, he sanctifies [God's] name in public, like Daniel, Chananiah, Mishael, Azariah, and Rabbi Akiva and his colleagues. These are those slain by [the wicked] kingdom, above whom there is no higher level. Concerning them, [Psalms 44:23] states: "For Your sake, we have been slain all day, we are viewed as sheep for the slaughter," and [Psalms 50:5] states: "Gather unto Me, My pious ones, those who have made a covenant with Me by slaughter."

When anyone about whom it is said: "Sacrifice your life and do not transgress," transgresses instead of sacrificing his life, he desecrates [God's] name. If he does so in the presence of ten Jews, he desecrates [God's] name in public, nullifies [the fulfillment of] the positive commandment of the sanctification of [God's] name, and violates the negative commandment against the desecration of God's name.

Nevertheless, since he was forced to transgress, he is not [punished by] lashing, and, needless to say, is not executed by the court even if he was forced to slay [a person]. The [punishments of] lashes and execution are administered only to one who transgresses voluntarily, [when the transgression is observed by] witnesses, and [when] a warning [was given], as [Leviticus 20:5] states concerning one who gives his children to [the worship of] Molech: "I will turn My face against that person."

The oral tradition teaches [that we can infer]: "that person" and not one who is forced [to transgress, who transgresses] inadvertently, or [who transgresses] because of an error. If, concerning the worship of false gods, which is the most serious [of sins], a person who is forced to worship is not liable for karet, nor, needless to say, execution by a court, how much more so [does this principle apply] regarding the other mitzvot of the Torah? [Similarly,] regarding forbidden sexual relations, [Deuteronomy 22:26] states: "Do not do anything to the maiden."

One who could, however, escape and flee from under the power of a wicked king and fails to do so is like a dog who returns [to lick] his vomit. He is considered as one who worships false gods willingly. He will be prevented from reaching the world to come and will descend to the lowest levels of Gehinnom.

If gentiles tell [a group of] women: "Give us one of you to defile. If not, we will defile all of you," they should allow themselves all to be defiled rather than give over a single Jewish soul to [the gentiles].

Similarly, if gentiles told [a group of Jews]: "Give us one of you to kill. If not, we will kill all of you," they should allow themselves all to be killed rather than give over a single soul to [the gentiles].

However, if [the gentiles] single out [a specific individual] and say: "Give us so and so or we will kill all of you," [different rules apply]: If the person is obligated to die like Sheva ben Bichri, they may give him over to them. Initially, however, this instruction is not conveyed to them. If he is not obligated to die, they should allow themselves all to be killed rather than give over a single soul to [the gentiles].

Just as these principles apply regarding being forced [to transgress], they also apply regarding sicknesses. What is implied?

When a person becomes sick and is in danger of dying, if the physicians say that his cure involves transgressing a given Torah prohibition, [the physicians' advice] should be followed. When there is a danger [to life], one may use any of the Torah prohibitions as a remedy, with the exception of the worship of false gods, forbidden sexual relations, and murder. Even when there is a danger [to life], one may not use them as a remedy. If one transgresses and uses them as a remedy, the court may impose the appropriate punishment upon him.

What is the source [which teaches] that even when there is a danger to life, these three sins should not be violated? [Deuteronomy 6:5] states: "And you shall love God, your Lord, with all your heart, with all your soul, and with all your might." [The words "with all your soul" imply] even if one takes your soul.

With regard to the killing of a Jewish person to heal another person or to save a person from one who is compelling him, it is logical that one person's life should not be sacrificed for another. [The Torah has] established an equation between forbidden sexual relations and murder, as [Deuteronomy 22:26] states: "This matter is just like a case where a person rises up against his colleague and slays him."

When does the above - that one may be healed using other prohibitions only when [one's life] is in danger - apply? When one uses them in a way which affords satisfaction - e.g., when one feeds a sick person insects or creeping animals, or chametz on Pesach, or when one is fed on Yom Kippur.

When, however, [the prohibited substances are used] in a way that does not grant satisfaction - e.g., one makes a bandage or compress of chametz on Pesach or from orlah, or when one is given bitter-tasting substances mixed with forbidden foods to drink - since one's palate derives no satisfaction, it is permitted even when no danger to life is involved.

Exceptions [to this leniency] are kilai hakerem and [mixtures of] milk and meat. [Deriving benefit] from them is forbidden even in a way that does not offer satisfaction. Therefore, they may not be used as a remedy even in a manner which does not grant satisfaction, except when there is danger [to life].

[When] someone becomes attracted to a woman and is [love-]sick [to the extent that] he is in danger of dying, [although] the physicians say he has no remedy except engaging in sexual relations with her, he should be allowed to die rather than engage in sexual relations with her. [This applies] even if she is unmarried.

He is even not to be given instructions to speak to her [in private] behind a fence. Rather, he should die rather than be given instructions to speak to her behind a fence. [These restrictions were instituted] so that Jewish women would not be regarded capriciously, and [to prevent] these matters from [ultimately] leading to promiscuity.

Whoever consciously transgresses one of the mitzvot related in the Torah, without being forced to, in a spirit of derision, to arouse [Divine] anger, desecrates [God's] name. Therefore, [Leviticus 19:12] states, regarding [taking] an oath in vain: "[for] you are desecrating the name of your Lord; I am God." If he transgresses amidst ten Jews, he desecrates [God's] name in public.

Conversely, anyone who refrains from committing a sin or performs a mitzvah for no ulterior motive, neither out of fear or dread, nor to seek honor, but for the sake of the Creator, blessed be He - as Joseph held himself back from his master's wife - sanctifies God's name.

There are other deeds which are also included in [the category of] the desecration of [God's] name, if performed by a person of great Torah stature who is renowned for his piety - i.e., deeds which, although they are not transgressions, [will cause] people to speak disparagingly of him. This also constitutes the desecration of [God's] name.

For example, a person who purchases [merchandise] and does not pay for it immediately, although he possesses the money, and thus, the sellers demand payment and he pushes them off; a person who jests immoderately; or who eats and drinks near or among the common people; or whose conduct with other people is not gentle and he does not receive them with a favorable countenance, but rather contests with them and vents his anger; and the like. Everything depends on the stature of the sage. [The extent to which] he must be careful with himself and go beyond the measure of the law [depends on the level of his Torah stature.]

[The converse is] also [true]. When a sage is stringent with himself, speaks pleasantly with others, his social conduct is [attractive] to others, he receives them pleasantly, he is humbled by them and does not humble them in return, he honors them - even though they disrespect him - he does business faithfully, and does not frequently accept the hospitality of the common people or sit with them, and at all times is seen only studying Torah, wrapped in tzitzit, crowned with tefillin, and carrying out all his deeds beyond the measure of the law - provided he does not separate too far [from normal living] and thus become forlorn – to the extent that all praise him, love him, and find his deeds attractive - such a person sanctifies [God's] name. The verse [Isaiah 49:3]: "And He said to me: `Israel, you are My servant, in whom I will be glorified'" refers to him.

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